Getting to the rule of law

The rule of law has been celebrated as "an unqualified human good" and promoted around the world to secure economic development and political freedom. Yet there is considerable disagreement about just what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an "inner morality of law," or a procedural conception stressing the right to be heard by an impartial tribunal and.続きを読む

Part I: Getting to the concept of the rule of law --
The rule of law and the importance of procedure / Jeremy Waldron --
The limits of process / Robin West --
A substantive conception of the rule of law: non-arbitrary treatment and the limits of procedure / Corey Brettschneider --
Four puzzles about the rule of law: why, what, where? and who cares? / Martin Krygier --
Part II: Maintaining or restoring the rule of law after September 11, 2001 --
Separation of powers and the national security state / Benjamin Kleinerman --
Judicial oversight, justice, and executive discretion bounded by law / Curtis Bradley --
The instability of "executive discretion" / Lionel McPherson --
Constitutional theory and the future of the unitary executive / Sotirios Barber and James Fleming --
Part III: Building the rule of law after military interventions --
Justice on the ground? --
international criminal courts and domestic rule of law-building in conflict-affected societies / Jane Stromseth --
In defense of imperialism? --
the rule of law and the state-building project / Tom Ginsburg --
Bystanders, the rule of law, and criminal trials / Larry May --
Might still distorts right: perils of the rule of law project / Richard Miller.